What is the material nature of the denial of sexual intercourse by the complainant?
Saskatchewan, Canada
The following excerpt is from Semeniuk v. Hodge, 1974 CanLII 954 (SK QB):
The material nature of the denial is apparent in each instance and hence the different complexion to the proved opportunity of sexual intercourse by the false evidence, amounting in each case, as held by the relevant Court, to be sufficient corroboration of the mother’s story to support a filiation order (or of the complainant’s story to support a conviction in Rex v. Drew). That is to say, the mother’s evidence of the paternity of the child has, in this manner, been corroborated in a material particular implicating the alleged father.
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